Competitors of all kinds know home court advantage helps them win. Home court advantage refers to the psychological, procedural and logistical edge gained by competing in a familiar setting, where one has better knowledge of...more

Most employment agreements contain a forum selection clause. This means that the parties agree that any dispute under the contract must be litigated in the named state or federal court jurisdiction. For employers, in most...more

We hope you enjoy Bernstein Shur’s first edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. We hope in this newsletter and...more

Recently, the Supreme Court unanimously held that the best time for forum shopping is before a dispute. The Supreme Court frowns on parties seeking to shop for a forum once a dispute develops but recognizes parties' right to...more

The U.S. Supreme Court recently made our work as drafters of construction contracts a little easier. In the case of In re Atlantic Marine Construction Co., the U.S. Court of Appeals for the Fifth Circuit had refused to...more

A forum-selection clause in a contract offers predictability and clarity of venue in case a dispute arises over the contract. But, when such a dispute arises, if the plaintiff does not commence litigation in the contractually...more

In Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, Case No 12-929 (December 3, 2013), the Supremes weighed in on the enforceability of forum selection clauses . . ....more